Florida –-(Ammoland.com)- On Friday, June 9th, Governor Rick Scott SIGNED INTO LAW the two critically important self-defense bills we have been urging him to sign.
One, SB-128 Burden of Proof by Sen. Rob Bradley and Rep. Bobby Payne restores the presumption of innocence in self-defense cases by putting the burden of proof BACK ON THE STATE where it belongs. SB-128 took effect IMMEDIATELY.
When prosecutors and judges use procedures to circumvent the rights of law-abiding people and the will of the Legislature, it cannot be tolerated.
Procedures do not have the weight of law and now the Legislature and the Governor have erased these abusive procedures in self-defense cases and have legislatively made sure these self-defense rights are reinstated. Pending cases should have the retroactive benefit of the Legislature and the Governor erasing these malicious procedures.
The second, SB-1052 Justifiable Use of Force by Sen. David Simmons and Rep. Cord Byrd corrects a 2014 drafting error (by a member of the House Criminal Justice Committee Staff) resulting in a requirement that citizens be under attack in their own homes before exercising self-defense – and in some circumstances imposing a duty to retreat from your home before exercising self-defense.
BACKGROUND on Burden of Proof:
In 2005, people who exercised self-defense were being prosecuted like criminals, and courts – with no legislative authority – were imposing a “duty to retreat” in self-defense cases.
Courts were instructing juries to find victims guilty if the victim had not tried to run away before fighting back against a criminal attack.
So the Legislature took action to restore the constitutional right of self-defense and created a specific, statutory right of immunity for people who defend themselves from attack.
That law prohibits arresting, detaining in custody, charging and prosecuting unless and until an investigation reveals there is probable cause to believe the act was not lawful self-defense.
But some prosecutors and judges didn’t like it so they found a way to usurp the law and bypass the intent of the Legislature.
With no legislative authority, they created a special “Stand Your Ground” hearing and reversed the burden of proof from the state to the victim. Through case law, they changed a legislative law they didn’t like.
They effectively created the presumption of guilt for the exercise of self-defense.
After conspiring to create an extra hearing in self-defense cases, prosecutors are now arguing that it would be ‘too much work for them’ if the State has the burden of proof in this additional hearing and they actually have to prove their cases.
And in July, 2015, the majority of the Florida Supreme Court found that victims SHOULD have the burden of proof and prove they are “entitled to immunity provided by the Legislature.” It is an outrageous opinion.
Supreme Court Justice Charles Canady and Justice Ricky Poltson strongly objected and in dissenting opinion, Canady wrote that the majority opinion, “Substantially curtails the benefit of the immunity from trial conferred by the Legislature under the Stand Your Ground law.”
Further, he wrote that the majority “cannot justify curtailing the immunity …” And that this problem is a matter for the Legislature to resolve.
In other words it’s up to the Legislature to put it back. This bill fixes it. It places the burden of proof back on the state where it belongs. And it restores the right of the presumption of innocence and the right of self-defense.
HoodRat Travon Martin is still a dead druggie loser because of this law…and that is good thing!
The burden of proof should never have been anywhere but on the shoulders of government, which after all is the complaining party, isn’t it?
The Governor of Florida needs to pardon eveyone who was convicted under the illegal rules the courts wrongly imposed on their trials. Then he needs to see to the removal from the bench of ALL judges (incuding on his Supreme COurt) that perpetrated this injustice onto the people of Florida. Going against the clear intent and purpose of Florida law regarding self defense and stand your ground should result in severe consequences. Else they’ll do it again…… they ALL swore oaths to uphold and enforce the Constitutions of both the US and Florida. They failed/refused. Consequences.
I now know that i can defend my family and gone without being unjustly thrown in jail because some Decorate Judge doesn’t like someone being legally authorized to carry and protect.
No law on the books anywhere will prevent me from protecting my family……just glad that someone got their head out of their rear and did this for us here in Florida.
Begining in 2005, in Florida the “… courts – with no legislative authority – were imposing a “duty to…” In spite of some persons getting the point all wrong, bless his little heart. What took Floridians so long? Will the Gov. pardon those convicted wrongly due to those out of control courts making things up? Or will all those people get an automatic appeal? And how about those judges, you can’t leave those “persons” on the bench!
Say what? You now have to prove you didn’t deserve to get shot? It’s akin to making sure people aren’t allow to go undercover to expose criminal activity – you’re fee to commit crime on your own private property.
Gil, no you are not allowed to commit crimes on your own property. There are some things that are illegal in public that are legal in private.
The bill is not stating what you posted. Please read the article.
since the gill flunked reading comprehension in grade school he resorts to mindless popping off streams of meaningless blather.
His Fishness is best left alone to wither away in his Mommie’s basement.
Get over it, Gil! The new law simply re-instates the “innocent until proven guilty” principle of our jurisprudence. If you are in a place where you have a legal right to be, and are not otherwise committing a crime, the law allows you to defend yourself with appropriate force without having to try and run away first. If the force used (or threatened) against you is potentially lethal, then you have the right to defend yourself with corresponding lethality. No, you don’t have to “prove you didn’t deserve to get shot,” but, if you attack someone feloniously and you DO… Read more »